ORDERS:
ORDER OF DISMISSAL
The Department of Health and Environmental Control, Bureau of Air Quality
(“Department”), and Para-Chem Southern, Inc., Simpsonville, South Carolina (“Para-Chem”), without the adjudication of any issues of fact or law and upon the consent of the
parties concerned hereto, hereby agree to the terms of this Order of Dismissal as follows:
FINDINGS OF FACT
WHEREAS based on a review of available information, Para-Chem agrees to the
following findings of fact:
1.Para-Chem is a batch chemical manufacturing facility. The Department
issued Part 70 (“Title V”) Operating Permit TV-1200-0099 to Para-Chem on June
11, 2001.
2.On May 16, 2002, the Department and Para-Chem entered into
Compliance Agreement 02-046-A as a result of numerous complaints about odors
from the facility.
3.The Compliance Agreement required, inter alia, the submission of an
operations and maintenance (O&M) plan for the polymer manufacturing process.
On June 20, 2002, the Department received the required O&M plan.
4.The Department issued Construction Permit 1200-0099-CS to Para-Chem
on July 15, 2002, for the installation of a 5.00 x 106 BTU/hr thermal oxidizer to
control volatile organic compound and hazardous air pollutant emissions from the
polymer division. This Permit required Para-Chem, inter alia, to submit a Leak
Detection and Repair (“LDAR”) program for monomer handling, storage,
consumption, and control portions of the polymer-manufacturing process, to the
Department for approval within 180 days of the issuance of the permit. Para-Chem failed to submit the required LDAR program.
5.The Department issued Construction Permit 1200-0099-CS-R1 to Para-Chem on September 22, 2003, to modify the thermal oxidizer by adding a gas
conditioning system and additional safety equipment and instrumentation. This
Permit also required Para-Chem to, inter alia, submit a Leak Detection and
Repair (“LDAR”) program to the Department. Para-Chem failed to submit the
required LDAR program.
6.On June 21, 2002, Department personnel conducted an inspection of the
facility and determined that Para-Chem failed to calculate VOC emissions on a
monthly and twelve-month rolling-sum basis; however, the data and information
necessary to calculate VOC emissions were being maintained and the calculations
were subsequently performed.
7.On December 29, 2003, the Department received an application for a
renewal Title V permit for the Para-Chem facility. After review of the
application Department staff determined that Para-Chem did not note its ongoing
failure to submit an LDAR program as an item of non-compliance.
Consequently, the Department determined that the application was incomplete
and denied Para-Chem an application shield. Since the deadline for a timely and
complete application had passed, Para-Chem could not recover the application
shield.
8.Para-Chem contended that the O&M plan submitted contained all
necessary requirements of and was intended to serve as its LDAR program.
9.At the request of Para-Chem, the Department reviewed the O&M plan and
other documents submitted by Para-Chem and determined that they met the
minimum requirements for the LDAR program required by Construction Permits
1200-0099-CS and 1200-0099-CS-R1 but additional information would be
required in order for the program to be deemed complete. The LDAR program
required by the construction permits will not meet all 40 CFR Part 63, Subpart TT
requirements, with which Para-Chem has agreed to comply no later than
November 10, 2005.
10.Department records indicate that the recordkeeping violations noted
during the inspection conducted June 21, 2002, have been corrected. This
finding is closed and no further action is required.
CONCLUSIONS OF LAW
WHEREAS the Department concludes that Para-Chem has violated the following:
S.C. Code Ann. §48-1-110(d), in that Para-Chem failed to calculate VOC
emissions on a monthly and twelve-month rolling-sum basis as required by its
Permit.
IT IS THEREFORE AGREED that the Department shall:
1.By execution of this Agreement, accept the O&M plan as the LDAR
program as of the date of its original submittal.
2.By execution of this Agreement, reinstate the application shield previously
revoked for failure to identify and establish a compliance schedule for resolving
all issues of non-compliance in its original application for a renewal Title V
permit.
IT IS FURTHER AGREED with the consent of Para-Chem and under authority of
S.C. Code Ann. §§ 48-1-10, et seq. (1987, as amended), that Para-Chem shall:
1.Submit any requested additional information needed for the Department to
complete the review of Para-Chem’s renewal Title V application, within the time
frame specified in the request.
2.Submit to the Department within thirty (30) days of the execution date of
this Agreement a revised LDAR program that includes the following additional
information necessary for the Department to deem the LDAR program complete.
The revised LDAR must specify that:
A.organic vapor analyzer (“OVA”) screening results shall be
recorded [in parts per million (“PPM”)] and records of the results
maintained onsite for a period not less than 5 years.
B.valves, pumps, vents, or other potential sources of leaks must be
uniquely identified (which may anticipate the pending requirements of 40
CFR Part 63, Subpart TT) and recorded in a log that is maintained onsite
for a period not less than 5 years.
C.a leak is defined as an OVA reading of 1000 PPM or greater; and,
D.dates of all repairs or attempts to repair be recorded in a log that is
maintained onsite for a period not less than 5 years.
3.Submit to the Department within thirty (30) days of the execution date of
this Agreement example printouts from its maintenance tracking program of the
information recorded and tracked and details of how quickly this information can
be generated onsite.
4.Upon final approval of the LDAR program by the Department, thereafter
and henceforth submit semiannual summary reports until such time as the
reporting frequency is changed by the Department. The summary reports shall
include:
A.The number of sources screened using the OVA;
B.The number of leaks detected by OVA screening;
C.The number of leaks detected visually; and,
D.For each leak that was not repaired in 15 calendar days, a detailed
explanation as to why the repair took so long and the length of time to
complete the repair.
CONCLUSION
With the consent of the parties, I conclude that the agreement should be
approved and the instant case dismissed in accordance with its terms.
AND IT IS SO ORDERED. |